Zbornik, Vol. 35 No. 1, 2014.
Pregledni rad
THE NEW SPECIAL REGIME OF DEFAULT INTEREST – FEATURES, SCOPE OF APPLICATION AND COMPLIANCE WITH THE ACQUIS COMMUNAUTAIRE
Ivan Tot
; Ekonomski fakultet Sveučilišta u Zagrebu
Sažetak
The subject of the paper is the legal regime of default interest contained in the Law on the Financial Operations and Pre-Bankruptcy Settlement (ZFPPN) which is in force since June 2013 alongside with the general legal regime of default interest provided for in the Law on Obligations (ZOO). Provisions of the ZFPPN are analyzed in comparison with the provisions of ZOO and the scope of application of the provisions of ZFPPN is being determined as the relations which fall under the general legal regime of ZOO are separated from those which fall under the application of the special legal regime set forth in the ZFPPN as lex specialis. One objective of the paper is to determine which of the competing legal regimes of default interest is more favourable to the creditors of monetary obligations. Second objective of the paper is to evaluate whether the provisions of ZFPPN are in conformity with the requirements set out in the Directive 2011/7/EU on Combating Late Payment in Commercial Transactions, for the purposes of whose transposition the new provisions on default interest contained in the ZFPPN were adopted. The shortcomings of the legal regime of the ZFPPN are pointed out while proposals for the more adequate legal solutions de lege ferenda are being given. It is concluded that the legal regime of default interest under the provisions of the ZFPPN undermines legal certainty, circumvents the protection of creditors and causes doubts of the constitutional nature, while in addition its particular features are contrary to the Directive 2011/7/EU.
Ključne riječi
default interest; default interest rate; commercial transactions; Directive 2011/7/EU
Hrčak ID:
130790
URI
Datum izdavanja:
7.4.2014.
Posjeta: 7.191 *